U-turns are one of the most common ways in which a pedestrian is injured. How? Because drivers almost always fail to notice a pedestrian that has already started to use the cross walk. In other situations a driver will be in a hurry and fail to see the pedestrian. Perhaps the most common way is by making an illegal u-turn. Drivers making illegal u-turns will fail to notice pedestrians. As a result they will often be the victim of serious injuries. If you have been hurt in a pedestrian accident read the following article to better understand your rights.
What if the driver was uninsured?
Unfortunately some drivers in California are uninsured, but what does this mean for your own recovery? Lapse in coverage can occur in a number of ways. Drivers can fail to renew, be late in paying the bill or voluntarily cancel the policy. In other cases insurance companies can deny coverage when no grounds exist. Regardless, if no policy exist you will need to either sue the driver personally or recover through your own insurance.
Suing the driver personally has some cons. First, if no assets exist your efforts to recover will be pointless. If you have uninsured motorist coverage you will be permitted to recover for your injuries through that policy. In other cases if you have homeowners insurance it is possible to obtain recovery through the use of such insurance. However, this will require a full review of your policy in order to determine whether coverage exist.
Government and Municipal Liability
In certain cases the city will be held liable for pedestrian accidents
and other roadway collisions caused by faulty traffic signals, negligent construction on roadways including the failure to properly cone off designated zones. There are specific guidelines imposed by California courts on plaintiffs who wish to file a personal injury claim against government entities and municipalities charges with traffic safety. For example In the State of California an injured party seeking monetary recovery against a public entity has 6 Months to file a claim.
What are some common injuries after a pedestrian accident? Pedestrian accidents can cause some of the most serious accidents. Since pedestrians are not shielded by a vehicle they are left exposed to impact. Such impact can cause devastating injuries depending on the speed of the vehicle at the time of the accident. Here is a list of some common injuries.
- Traumatic brain injury
- Back injuries
- Fractured tibia
- Broken skull
- Broken wrist
- Herniated disc
- Broken nose
- Facial lacerations
If you have been injured it is important that you seek immediate medical attention for your injuries. Never attempt to self diagnose. You should never attempt to understand the extent of your damages/injuries without the help of a medical professional.
Pedestrian Right of Way
California law gives pedestrians the right of way. California Vehicle Code Section 21952 stipulates that a driver of any motor vehicle prior to driving upon any sidewalk shall “yield the right-of-way to any pedestrian.” Even if the pedestrian is not using a cross walk California Vehicle Code section 21954 requires that a driver vehicle to exercise caution for the safety of pedestrians.
After Your Accident
- What should you do after your accident? Here is a checklist to follow after your accident.
- If you are injured get medical attention. Make sure you receive proper medical care as needed.
- Obtain insurance information of the person responsible.
- DO NOT make any statements at the scene of the accident.
- Ask the police for a copy of any accident report or traffic collision report.
- Know your rights before accepting any settlement for bodily injury.
Wrongful Death Lawsuits
What is a wrongful death lawsuit? Wrongful death lawsuits are filed by surviving family members. This occurs if the accident caused a fatality. In cases surviving members of the immediate family would be permitted to file suit. This will include husband, wife, children, mother, father or brother. California has specific wrongful death lawsuits, which permit only certain members to file suit for damages. If your loved one has been killed you may have a limited amount of time to file a lawsuit.
Contact the Downtown L.A. Law Group for questions related to your case. We are here to help. Our consultations are 100% confidential and always free. All cases are handled on a contingency fee basis, no recovery, no fee!